31 Jul What to do after you designate your healthcare proxy

Steps after designating a healthcare proxy

Now that you’ve designated your healthcare proxy and completed a living will, medical power of attorney or advanced directive, what do you do with it? After your Advance Directive for healthcare form is signed, witnessed and/or notarized, you should give one copy each to your healthcare proxy, your successor agent, all your doctors, and your local hospital. But remember to keep the original document in a safe location where it can be easily found.

A safe deposit box may not be the best place for your Advance Directive for healthcare form unless you are certain someone close to you has access to the safe deposit box if you become incapacitated. Make sure your proxy knows where the original is so it can be shown to your doctor on request. A photocopy of your Advance Directive for healthcare form is legally valid.

Most importantly, don’t keep your wishes secret. Tell people – your family, doctor, attorney – where you keep your advance directive, what kind of treatment you want, where you keep it and who your proxy is.

What if I change my mind about who I want to be my proxy or about the kind of treatment I want?

You should review your Advance Directive for healthcare periodically to make sure it still reflects your wishes. The best way to change your Advance Directive for healthcare is to create a new one. The new Advance Directive for healthcare will automatically cancel the old one. Be sure to notify all people who have copies of your Advance Directive for healthcare that you completed a new one. Collect and destroy all copies of the old version.

What if my doctor, family or healthcare proxy does not agree with my treatment choices or healthcare decisions?

You can make sure your wishes are followed by talking with your family and healthcare providers about your decisions and personal values and beliefs. If others understand your choices and the reasons for them, there is less of a chance that they will challenge them later. The wishes of the patient should always be honored and the Advance Directive, along with your healthcare proxy can ensure that your wishes are followed.  If the treating physician/provider knows of the patient’s wishes and the patient expressed those wishes while he/she had the capacity to do so, then the physician has to follow those wishes.

A Power of Attorney or healthcare proxy cannot overturn your express wishes or a properly executed advance directive. Current law is somewhat confusing. One could interpret current law to allow a Power of Attorney to override an advance directive. However, in all cases, the wishes of a patient, with the requisite capacity, should be honored.

The consent or refusal of your appointed healthcare proxy is as meaningful and valid as your own. The wishes of other family members will not override your own clearly expressed choices or those made by your agent on your behalf. For questions regarding healthcare law or Advance Directives, contact the Law Office of Michael Craig and we’ll be glad to assist you.